Out-of-turn check

The notice of elaboration of a draft law appeared at the Single portal of information disclosure. The draft law will allow the Social Security Fund (SSF) and the Pension Fund of Russia (PFR) to conduct unplanned checks of businesses. The document will help the extra-budget funds to keep companies within the legal field and to promptly react to the cases of insurance contribution payments.

Amending the Federal Law No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, Social Security Fund, Fund of Compulsory Medical Insurance” dated will allow holding unplanned field checks and repeated field checks on the basis of information of violations of employment law requirements received from the Rostrud and its regional departments, if such violations cause non-payment (less than full payment) of insurance contributions.

The SSF and the PFR may currently conduct unplanned checks, but that right is very limited. The state extra-budget funds may only regularly check companies once every three years. The law establishes the possibility to hold unplanned checks as well, but only in connection with a company’s reorganization or dissolution.

However, this is not sufficient in the current economic situation. Vladimir Starovoytov, Associate of the Law Firm "YUST", says: “During an economic crisis, many companies – either willingly or not – start violating the laws on insurance contributions to the extra-budget funds”. And such violations are no longer isolated. Maxim Topilin has recently said that up to 25% of the Russians may lose their pensions, because their employers do not pay the respective contributions.